Legal Definitions - deterrent danger

Deterrent Danger refers to a hazardous condition that, by its very nature, discourages or prevents individuals from accessing a place or performing an action they are legally entitled to. It's a danger that acts as an effective barrier, even if it's not an intentional physical blockade. The danger itself makes it too risky or difficult for people to proceed, thereby "deterring" them.

• Example 1: Dilapidated Public Staircase

  Imagine a city park that features a beautiful scenic overlook, accessible by a long wooden staircase. Over time, several steps on the staircase become rotten, handrails break, and loose nails protrude from the wood. While no physical gate blocks the staircase, its severely deteriorated condition presents a significant risk of injury.

  This situation illustrates a deterrent danger because the hazardous state of the staircase effectively prevents or discourages most visitors, especially families with children or elderly individuals, from using it to reach the overlook. Even though they have a legal right to access the public park and its features, the danger itself acts as a barrier, deterring them from exercising that right.

• Example 2: Unmaintained Sidewalk

  Consider a commercial property owner who is responsible for maintaining the sidewalk directly in front of their business. A large section of this sidewalk has cracked and heaved significantly, creating uneven surfaces and tripping hazards, especially at night due to inadequate lighting.

  The dangerous condition of the sidewalk acts as a deterrent danger. Pedestrians, particularly those pushing strollers, using wheelchairs, or with visual impairments, are discouraged from using that section of the sidewalk. They might be forced to walk in the street or find an alternative, longer route, even though the sidewalk is a public right-of-way they are legally entitled to use safely.

• Example 3: Contaminated Public Water Fountain

  A public library provides a water fountain for visitors. However, due to a plumbing issue, tests reveal that the water from the fountain contains high levels of lead. Although the fountain remains physically operational and accessible, signs are posted warning of the contamination and advising against drinking the water.

  The lead contamination constitutes a deterrent danger. Even though the water fountain is not physically sealed off, the known health risks associated with drinking the water effectively deter library patrons from using it for its intended purpose. This denies them practical access to a safe drinking water source that the library is expected to provide.